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⚖ Property Disputes · Legal Guide

Neighbour Hacked a Structural Wall
Without Approval in Malaysia: Serious Offence & Your Remedies

Hacking a load-bearing or structural wall without a professional engineer (PE) endorsement and local-council building plan approval is a criminal offence under Act 133. Here is why it matters and exactly what you can do.

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Hacking or removing a structural or load-bearing wall in Malaysia without a professional engineer (PE) endorsement and prior local-authority building plan approval under Section 70 of Act 133 is a criminal offence (fine up to RM10,000 + up to 2 years imprisonment). For strata buildings, it is also a serious breach of the Strata Management Act 2013 (Act 757) by-laws. Remedies include a local-authority stop-work notice, COB enforcement, an interim injunction from the High Court, and a compensation claim at the Strata Management Tribunal or civil court.

By Richard Tan · ClickBina · Klang Valley · Updated 24 May 2026

On this page
What is a structural wall?Why this is a serious offenceLegal framework (Act 133, UBBL, SMA 2013)Professional engineer (PE) requirementOffence & penalty comparisonAdditional rules for strata buildingsIdentifying immediate structural riskHow to get a stop-work orderCompensation: Tribunal vs civil courtStep-by-step action planEvidence checklistSources & official references

This guide provides general legal information only — not legal advice. If you believe structural works are creating imminent danger, contact your local authority and a structural engineer immediately. For legal advice, consult a qualified Malaysian property lawyer.

What is a structural wall?

A structural wall (also called a load-bearing wall) is a wall that carries the weight of the floors or roof above it and transmits that load down to the foundation. Removing or significantly weakening a structural wall without proper engineering can cause partial or total collapse of the structure above it.

A party wall in terrace houses or strata buildings (the wall shared between two units) may also be structural, depending on the building design.

How to tell if a wall may be structural:

  • It runs perpendicular to the floor beams or is directly above a beam or column in the storey below.
  • It is a thicker wall — structural walls in Malaysian residences are typically 230 mm (9-inch) brick, compared to 115 mm (4.5-inch) partition walls.
  • It is shown as a dark or bold line on the architectural plan (you can request this from the developer or Land Office).
  • A licensed structural engineer or the original developer’s as-built drawings can confirm definitively.

Why hacking a structural wall without approval is extremely serious

Unlike a cosmetic renovation, removing or critically weakening a structural wall creates risks that go far beyond the renovating unit:

  • Partial or total structural collapse of the floor or roof above — a risk not just to the renovating unit but to all units above and adjacent.
  • Propagating cracks through the building frame, causing long-term structural damage to neighbouring units.
  • Foundation settlement if load redistribution is not properly engineered.
  • Fire compartment breach — structural walls often double as fire-separation barriers under UBBL 1984; removing them increases fire spread risk to the whole building.

This is why Malaysian law imposes criminal liability — not just civil liability — for structural alterations without approval.

LawProvisionWhat it requires
Street, Drainage & Building Act 1974 (Act 133)Section 70Prior written local-authority building plan approval for any building alteration. Structural alterations require plans submitted by a registered architect and endorsed by a licensed PE. Offence: fine up to RM10,000 + up to 2 years imprisonment + RM1,000/day continuing fine after conviction
Uniform Building By-Laws 1984 (UBBL 1984)By-laws 86, 98, 146–147Standards for structural walls, party walls, and fire-separation requirements. Any alteration must maintain structural adequacy and fire resistance as prescribed
Registration of Engineers Act 1967Section 7Only a registered professional engineer (PE) may prepare or endorse structural engineering drawings for submission to local authority. Using an unregistered person is also an offence
Strata Management Act 2013 (Act 757)Section 32; Regs 2015 By-law 27Strata: prior written management approval required; structural works also require local-authority approval; COB can enforce and direct rectification; Tribunal can award compensation up to RM250,000

The professional engineer (PE) requirement

Under the Registration of Engineers Act 1967 (Act 138) and the requirements of local authorities under Act 133, any structural alteration to a building must be accompanied by structural engineering drawings prepared and endorsed by a licensed professional engineer (PE) registered with the Board of Engineers Malaysia (BEM) before local-authority building plan approval can be granted (Source: Board of Engineers Malaysia; inspectsolution.pro, Frequently Asked Questions for Professional Engineers in Malaysia).

What this means in practice:

  • A homeowner who hacks a structural wall based solely on a contractor’s assessment (without a PE stamp) is proceeding without the required professional sign-off — this is an offence under both Act 133 and the Registration of Engineers Act.
  • A PE who endorses inadequate structural drawings is personally liable under the Registration of Engineers Act and the Board of Engineers Malaysia’s Code of Professional Conduct.
  • For strata buildings, the building plan approval must be obtained from the local authority AND management approval from the JMB/MC must be obtained under By-law 27 of the Strata Management Regulations 2015 — both are required, not one in lieu of the other.

Offence and penalty comparison

ActOffenceMaximum penalty
Act 133 s.70 (structural hacking without permit)Erecting or altering a building without local-authority approvalFine RM10,000 + imprisonment 2 years + RM1,000/day continuing
Act 133 s.72 (non-compliance with stop-work notice)Continuing works after stop-work noticeFine RM5,000 + imprisonment 1 year; council may demolish at owner’s cost
Registration of Engineers Act 1967 s.7 (strata)Using unregistered person as PE for structural plansFine RM5,000 + imprisonment 1 year
SMA 2013 s.32 (strata by-law breach)Renovating without management approval; breaching by-lawsTribunal enforcement; fines under SMA 2013

Additional rules for strata buildings

For strata properties, the Strata Management Act 2013 (Act 757) adds further protections (Source: MahWengKwai & Associates, An Introduction to Strata Management By-Laws; KPKT COB guidelines; Pitfalls of Strata Living, Malay Mail):

  • Prohibition on structural alterations to common property — structural walls in strata buildings may be common property. No owner may alter or hack common property under any circumstances without management body approval and local-authority approval. This is an absolute prohibition.
  • COB powers (Regulations 56 & 67) — the Commissioner of Buildings has jurisdiction to determine responsibility for party wall and structural wall damage and to direct rectification.
  • Renovation deposit forfeiture — any renovation deposit paid by the offending owner may be forfeited and applied toward rectification costs.
  • Injunction from Tribunal or court — both the Strata Management Tribunal and the civil courts can issue orders to stop works and to restore the structural wall to its original state.

Identifying immediate structural risk

If you suspect your neighbour has hacked a structural wall and you are noticing signs of structural stress in your own unit, treat it as an emergency:

  • Diagonal cracks spreading from corners of doors or windows (not hairline cracks — cracks wider than 1 mm).
  • Doors or windows suddenly sticking or no longer closing correctly — a sign of frame distortion.
  • Visible deflection of the ceiling or floor.
  • Cracking sounds from the ceiling or beams.

If you see any of these signs after your neighbour’s structural hacking:

  • Contact your local authority immediately (DBKL, MBPJ, etc.) for an emergency building inspection.
  • Engage a licensed structural engineer independently to assess your unit.
  • Consider temporary evacuation until structural safety is confirmed.

How to get a stop-work order

A stop-work notice (Notis Perintah Berhenti Kerja) under Act 133 is the fastest way to halt dangerous structural hacking. To get one:

  • Call or visit your local authority’s Jabatan Kawalan Bangunan immediately and report that structural works are being carried out without approval, creating a risk to life and property. Bring your photographs. If you can demonstrate urgency (e.g. active hacking of a structural wall), councils can issue a stop-work notice the same day.
  • Report to your JMB/MC in writing (strata) and request they invoke the stop-works power under the strata by-laws at the same time. Management can issue their own stop-work direction to the owner under the by-laws.
  • Apply for an urgent interim injunction from the High Court if: (a) the local authority is not responding quickly enough; and (b) the works create an imminent risk of structural collapse. An ex parte injunction (without first notifying the other side) can be obtained within days. You will need to engage a property or commercial litigation lawyer.

Compensation: Tribunal vs civil court

ForumJurisdictionCostTimelineBest for
Strata Management TribunalUp to RM250,000; strata properties onlyFiling fee RM100–RM200; no lawyer neededAward within 60 daysCompensation for repair costs in strata buildings
Magistrates’ CourtUp to RM100,000; all property typesCourt fees + legal fees RM3,000–RM10,0006–12 monthsLanded property; minor structural damage claims
Sessions CourtUp to RM1 millionLegal fees RM8,000–RM20,0001–2 yearsSignificant damage claims, injunctions
High CourtUnlimited; injunctions availableLegal fees RM15,000–RM50,000+1–3 yearsStructural collapse risk; complex damage; mandatory injunctions

Step-by-step action plan

  • Step 1 — Document immediately. Photograph the works from your side. Note the date, what walls are being hacked, and any signs of structural distress you observe in your own unit.
  • Step 2 — Report to your local authority’s Jabatan Kawalan Bangunan. State explicitly that structural walls appear to be hacked without a PE endorsement or approved building plan. Request an immediate inspection and stop-work notice.
  • Step 3 — Notify your JMB/MC in writing (strata). Request management to invoke the renovation deposit and issue a stop-works direction to the offending owner.
  • Step 4 — File a COB complaint (strata) under Regulations 56 & 67 of the Strata Management Regulations 2015.
  • Step 5 — Engage a structural engineer to assess your unit for any structural impact. A structural engineer’s report is essential evidence for any Tribunal or court claim.
  • Step 6 — Apply for an interim injunction via a property lawyer if works are ongoing and the local authority has not yet acted.
  • Step 7 — File for compensation at the Strata Management Tribunal (strata) or civil court (landed) once you have your engineer’s report and repair quotations.

For related guides, see Party Wall & Shared Walls →, Illegal Renovation by Neighbour →, and Neighbour’s Renovation Damaged Your Unit →.

Evidence checklist

Evidence itemPurposeHow to obtain
Dated photographs of hacked walls from your sideDocuments the works and timingPhotograph immediately; use a date-stamped device
Structural engineer’s reportExpert evidence of structural impact on your unitEngage a BEM-registered PE; cost RM500–RM3,000 depending on scope
Building plan / as-built drawingsIdentifies whether hacked wall is structuralRequest from developer; or from the Land Office / local authority
Evidence of no building plan approvalEstablishes the Act 133 offenceWrite to local authority requesting confirmation of whether approval was granted
Written complaint to JMB/MC and responseTriggers management’s duty; establishes timelineEmail or letter to management; keep all correspondence
Repair quotations (from CIDB-registered contractor)Quantifies your claim for Tribunal or courtAt least two written itemised quotes
Video showing ongoing worksShows works were continuing after noticeRecord discreetly from your own property or common area

Sources & official references

FAQ

Common Questions

Is hacking a structural wall without approval a criminal offence in Malaysia?
Yes. Under Section 70 of the Street, Drainage and Building Act 1974 (Act 133), any material alteration to a building — including hacking a structural or load-bearing wall — requires prior written building plan approval from the local authority. Doing so without approval is a criminal offence: fine up to RM10,000 and/or up to 2 years imprisonment.
What is a PE endorsement and why is it needed for structural hacking?
A professional engineer (PE) endorsement means that a licensed structural engineer registered with the Board of Engineers Malaysia (BEM) has reviewed and certified that the proposed structural works are structurally safe. Under the Registration of Engineers Act 1967 and local-authority requirements under Act 133, structural alteration drawings must be prepared and endorsed by a PE before the local authority will approve the building plan.
My neighbour just hacked what looks like a structural wall — what do I do right now?
Act immediately: (1) photograph the works; (2) contact your local authority’s Jabatan Kawalan Bangunan for an emergency stop-work notice, citing structural risk; (3) notify your JMB/MC in writing if strata; (4) engage a structural engineer to inspect your unit for impact; and (5) if the council is slow and works are creating imminent danger, instruct a property lawyer for an urgent interim injunction.
Can I get an injunction to stop my neighbour hacking a structural wall?
Yes. You can apply to the High Court for an urgent interim injunction under the Specific Relief Act 1950 to stop the works immediately. An ex parte application (without first hearing the other side) can be granted within days if you can demonstrate urgency and structural risk. You need to engage a litigation lawyer.
Who is responsible if my neighbour’s structural hacking damages my unit?
Your neighbour (the owner) is liable for the damage under negligence, nuisance, and breach of Act 133 and (for strata) the Strata Management Act 2013 by-laws. Their renovation contractor may also be jointly liable. You can claim compensation at the Strata Management Tribunal (strata, up to RM250,000) or civil court (landed). A structural engineer’s report is essential to quantify the damage.
Does the Strata Management Tribunal handle structural wall damage claims?
Yes, for strata properties. The Strata Management Tribunal (strata.my) can award compensation up to RM250,000 for damage caused by a neighbour’s unauthorised structural works. Awards are issued within 60 days and are enforceable as court orders. For larger claims or if an injunction is needed, proceed to the civil courts.
What signs should I look for that suggest my neighbour hacked a structural wall?
Watch for: sounds of heavy hacking accompanied by vibration; sudden diagonal cracks (wider than 1 mm) spreading from door or window corners in your unit; doors or windows sticking or no longer closing properly; visible deflection or sagging of your ceiling or floor. If you see any of these, contact your local authority and a structural engineer immediately — do not wait.
What evidence do I need for a claim about structural wall hacking?
You need: dated photographs of the hacking and any resulting damage; a structural engineer’s report confirming impact on your unit; evidence that no building plan approval was granted (confirm from local authority); written complaints to management (strata) and their responses; and itemised repair quotations from a CIDB-registered contractor.

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